Thursday, February 20, 2014

Bulletin: David Ranta: New York; The New York Times reports that "Man framed by New York detective to get $6.4 million without filing suit." The case involves controversial detective Louis Scarcella whose methods resulting in false confessions have come under increasing attack; (Must Read HL);

PUBLISHER'S VIEW: The dramatic increase in DNA exonerations in recent years has drawn attention to the cause of the wrongful convictions - including faulty eyewitness identification, cellmate evidence, and false confessions. This Blog has explored the all too many cases where a false confession has been obtained through psychological manipulation through police lies, ploys and manipulation. The Ranta case is a reminder of one of the white elephants of the criminal justice process -a shamelessly falsified confession which has never been uttered by the accused. The $6.4 million dollar settlement without filing suit in this case will hopefully make judges and jurors more skeptical about supposed confessions made in dubious circumstances such as while being handcuffed to a bench at Central Booking. That might have saved David Ranta 23 years of his life.

Harold Levy: Publisher; The Charles Smith Blog;

STORY: "Man framed by New York detective to get $6.4 million without filing suit," by reporter Frances Robles, published by the New York Times on February 20, 2014.

PHOTO CAPTION: "David Ranta served 23 years in prison for a murder he did not commit."

GIST: "A
man who was framed by a rogue detective and served 23 years in prison
for a murder he did not commit will receive $6.4 million from the City
of New York in a settlement that came before a civil rights lawsuit was
even filed, lawyers involved in the case said on Thursday. A
$150 million claim filed last year by the man, David Ranta, was settled
by the city comptroller’s office without ever involving the city’s
legal department – which the lawyers involved in the negotiations
described as a “groundbreaking” decision that acknowledged the
overwhelming evidence the city faced. The
comptroller’s quick acceptance of liability in the high-profile
conviction is also significant because the case is the first of what is
expected to be a series of wrongful conviction claims by men who were
sent to prison based on the flawed investigative work of the detective,
Louis Scarcella, who has been accused of inventing confessions, coercing
witnesses and recycling informers.........Mr.
Ranta had always accused the detective of manufacturing his confession.
Mr. Scarcella said Mr. Ranta confessed while handcuffed to a bench at
Central Booking. Although the allegation about the confession was never
proven, the mounting questions about Mr. Scarcella’s methods made it
increasingly suspect.........General Eric T. Schneiderman proposed legislation on
Wednesday that would make it easier for people like Mr. Ranta to make
such claims; under current law, it is difficult for people who made
false confessions to be compensated for wrongful convictions.........After
Mr. Ranta’s release, an investigation by The New York Times found that
Mr. Scarcella had used the same witness in several different murder
cases and that at least six confessions had included similar
phraseology: “You got it right. I was there.” Some confessions did not
match the evidence in the case. One
inmate, Sundhe Moses, who had been investigated by the detective, hired
lawyers who tracked down a star witness, who said detectives had
coached him to lie. The Parole Board released Mr. Moses in December
after he served 16 years for the murder of a 4-year-old girl."

See also New York Times story on New York State legislation that would provide a remedy to those who falsely confess: "The
New York State attorney general proposed legislation on Wednesday that
would allow people who have confessed or pleaded guilty to a crime they
did not commit to sue the state for damages. Under
current law, only someone who has contested the accusation is permitted
to sue for wrongful conviction. But the attorney general, Eric T.
Schneiderman, said in a speech that a change was needed to eliminate
what he described as “unnecessary and overly broad” barriers to seeking
restitution. Of
the 27 people in New York who have had their convictions overturned by
DNA evidence since 1991, 10 had falsely confessed or pleaded guilty, Mr.
Schneiderman, a Democrat, said in his remarks at John Jay College of
Criminal Justice. “It
doubly victimizes people who acted out of fear, had a serious mental or
psychological problem, or were simply too young to know what they were
doing and as a result admitted doing something that they did not do,” he
said. Under
the legislation, people who falsely confess or plead guilty to a crime
they did not commit will be eligible to sue the state even if they
cannot prove that the confession was coerced, Mr. Schneiderman said. The
new legislation would also extend the statute of limitations for
wrongful conviction claims to three years, from two."

PUBLISHER'S NOTE:Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.I
have added a search box for content in this blog which now encompasses
several thousand posts. The search box is located near the bottom of
the screen just above the list of links. I am confident that this
powerful search tool provided by "Blogger" will help our readers and
myself get more out of the site.The
Toronto Star, my previous employer for more than twenty incredible
years, has put considerable effort into exposing the harm caused by Dr.
Charles Smith and his protectors - and into pushing for reform of
Ontario's forensic pediatric pathology system. The Star has a "topic"
section which focuses on recent stories related to Dr. Charles Smith. It
can be found at:http://www.thestar.com/topic/charlessmithInformation on "The Charles Smith Blog Award"- and its nomination process - can be found at:http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.htmlI look forward to hearing from readers at:

About Me

My interest in forensic pathology began with my Toronto Star investigative reporting into once famed since disgraced former doctor Charles Smith. I began this Blog after retiring from the Star in 2006 in order to follow the aftermath into the independent Goudge inquiry into many of Smith's cases. I have now begun to focus on cases involving flawed forensic science no matter where they occur (the recent Amanda Knox prosecution in Italy, for example) and am fascinated by the interest in the Blog from people in countries throughout the world. In another development, my interest in "junk science" "pseudo-experts" and the miscarriages of justice they all too often cause has drawn me deeply into the on-going U.S. death penalty debate where so many troubling cases involve issues relating to DNA and other developments in the world of forensic science. For all of this I rely on my experience as a reporter at the Toronto Star, my work as a lawyer in Ontario's criminal courts, and my abhorrence of injustice. Please send cases and developments which may be of interest to this Blog to hlevy15@gmail.com. Read on! Harold Levy.